Many spouses try to settle their divorce amicably to avoid protracted litigation during which they would have to publicly discuss the reason for the divorce. An uncontested divorce (called an amicable divorce) is a scenario where the spouses separate but are able to agree on child custody and property settlement. Today, we take a detailed look at how to achieve an uncontested divorce and what to prepare for in court proceedings.
The Civil Code regulates the basic conditions for an uncontested divorce to take place.
The first condition was previously a minimum of six months of separation between the spouses. However, this requirement has now been dropped and a petition for divorce can be filed at any time after one year from the date of the marriage, provided that the spouses agree on the divorce.
The new legislation for uncontested divorce simplifies the whole process considerably – the court no longer determines the grounds for divorce and focuses only on the formal fulfilment of the conditions.
We will draw up or check all the necessary agreementsfor you. We can do it online in as little as 48 hours, but we will also support you in court if necessary.
Having a guarantee of properly drafted agreements
However, it is still a condition to conclude an agreement between the spouses on where and with whom their joint children under 18 will continue to live. In such an agreement it is advisable to specify whether the children will be in joint custody, alternate custody or in the custody of one parent and how contact with the other parent will be arranged.
Tip: An essential part of the modification of the relationship to minor children is child support.
Even if the children will be staying with both parents for roughly the same amount of time and both have roughly the same income, it is appropriate to state in the agreement that the parents have agreed not to pay maintenance. In the event that the relationship deteriorates in the future, such a sentence may clear up some misunderstandings. The child custody agreement must then be approved by the court. Previously, two separate court proceedings had to be completed – first for child custody and then for the divorce itself. The new legislation allows for these proceedings to be combined so that the whole process can take place in one hearing.
As a further condition, the Civil Code stipulates that the spouses agree on the regulation of their property, their housing and, if applicable, maintenance for the period after the divorce. In most cases, such an agreement mainly involves the division of the matrimonial property. In the agreement, the spouses will, for example, determine who gets the shared flat or car, how much they will pay to the other spouse, where they will both continue to live and whether one of them will be entitled to maintenance and how much. It is also possible to modify who stays in the rental apartment, by when the other spouse is obliged to leave the apartment and whether he or she receives a certain compensation.
The entire property agreement must be in writing and contain the certified signatures of both spouses. It can also be concluded in the form of a notarial deed and include a “direct enforceability clause“, which is a useful tool when one spouse has to pay a larger sum of money to the other. The direct enforceability clause then makes it easier to recover the amount in question.
Tip: Approximately how much will an amicable divorce cost you and who pays the costs?
If the spouses have fulfilled all three conditions and have both the property agreement and the court’s judgment approving the children agreement in hand, they can proceed with the divorce process itself. The divorce will usually be decided by the court where the spouses last lived together. This will require the filing of a petition for divorce (either by one or both spouses together), the production of the necessary documents (in addition to the agreements made, this will include the marriage certificate) and the payment of a court fee. A significant advantage of an uncontested divorce is that the court does not deal with the grounds for the divorce and the spouses can thus settle the whole process without unnecessary emotions and evidence.
Tip: Make sure you don’t miss a single document needed for the divorce.
The court will then order an oral hearing. Even if it is an uncontested divorce, the court will usually want the spouses to attend the hearing in person and at least informally ask their opinion. Now, even in a contested divorce, the court does not have to find out the reasons for the breakdown of the marriage, so it does not subject the spouses to any unpleasant questioning about the reasons for the divorce or other private details. As long as the spouses meet all the requirements and submit an agreement on property and children, the court will usually handle the proceedings based on the documents filed only and no personal hearing is necessary. The entire proceeding should take no more than one sitting. Divorce is always one of life’s most challenging chapters and the end of a relationship is itself a major blow for many.
In this article, we have shown a way to deal with the situation effectively from a legal perspective. However, the emotional and legal sides are usually linked and a good divorce is usually the start for a good post-divorce relationship. That is why we are prepared to advise you on your specific issues, draft quality divorce agreements, and even represent you in court.
An uncontested divorce is a quicker and less stressful way to end a marriage if the spouses can agree on the key issues – child custody, property division and any maintenance. The new legislation simplifies the process by allowing the children and divorce proceedings to be combined in one hearing and does not require the reasons for the breakdown of the marriage to be established. As a result, the divorce can be handled more efficiently and without unnecessary emotions. The key to a smooth process is a carefully drafted agreement that prevents future disputes. If you are unsure how to proceed, experts can help you with document preparation and representation in court.
Tip: Dealing with a surname change after divorce? Learn how to do it.
We will walk you through the whole process step-by-step from filing to court approval. Will will also ensure the best possible settlement for you, your children and your property. We proceed quickly, discretely and with experience. You may also pay after services are provided.
Lucie understands the legal profession like few others, and she defends the interests of her clients both inside and outside the courtroom. Lucie has won hundreds of disputes, and her role on our team is to ensure the smooth and effiecient transfer of real properties. She is also experienced in both civil law and family law.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
